(EU and other countries outside the USA)
GENERAL
The present general terms and conditions (hereinafter referred to as “GTC”) apply to all offers from Gesundheitsplaner GmbH, 19339 Plattenburg OT Rambow Rambower Hauptstraße 10 (hereinafter referred to as HEALTH PLANNER) made by the customer via the website www.diegesundheitsplaner.de or via other services, such as telephone advice, the mobile app, emails, chats or Skype conversations can be obtained from HEALTH PLANNER.
Agreements that deviate from the General Terms and Conditions must be made in writing, as must the waiver of the text form requirement.
FORMATION OF THE CONTRACT
The prerequisite for the use of the services offered by HEALTH PLANNER, including the non-binding and free trial subscription, is registration based on a usage profile, for which registration is required.
The prerequisite for setting up a user profile is that the customer is a natural person and at least 18 years old, has unlimited legal capacity and is not under supervision, unless legally valid representation is actively proven. This requirement can be waived in individual cases from the age of the customer of 16 years and the consent of a person with custody after consulting HEALTH PLANNER.
USE OF HEALTH PLANNER BY THE USER After registration, the user is entitled to use the HEALTH PLANNER platform. The user can complete his profile, access content and document and check his progress.
HEALTH PLANNER provides the user with the HEALTH PLANNER app with the functions described in the Functionality of the health planner sysTEAMs section. HEALTH PLANNER can link the use to certain conditions, such as checking the login data. The posting of data and information by a user on behalf of third parties without their express prior consent is not permitted.
The user may not pass on his login data.
HEALTH PLANNER is entitled to refuse registration without giving reasons.
There is no legal right to use the services of the HEALTH PLANNER platform.
The contractual relationship between the customer and HEALTH PLANNER only comes into existence through the consent to these terms and conditions, which is a prerequisite for the use of the services offered by HEALTH PLANNER.
HEALTH PLANNER reserves the right to agree additional or different conditions for individual services.
COSTS & TERMS OF PAYMENT
Costs for the use of the HEALTH PLANNER platform or other services only arise if HEALTH PLANNER has clearly and transparently indicated these costs in advance before the user makes use of the chargeable services.
RESPONSIBILITY FOR DATA AND / OR CONTENT ON THE HEALTH PLANNER PLATFORM In the case of shared use with a service provider, HEALTH PLANNER is neither a party nor a representative of a party or an intermediary in the treatment relationship between the service provider and the user. The data, content and other information provided by the service provider and user are external information for HEALTH PLANNER within the meaning of Section 7, Paragraph 2 of the Telemedia Act (TMG). The legal responsibility therefore lies with the person who posted the content, data or other information on the HEALTH PLANNER platform. In the case of joint use with a service provider, HEALTH PLANNER enables users and service providers to exchange information via the HEALTH PLANNER platform. The user is solely responsible for the correctness of the information provided to the service provider. The user is responsible for the correctness, completeness and legality of the data and information provided by him. The user releases HEALTH PLANNER from any liability that may arise through violations of the law committed by him or by third parties with regard to the content and data posted by him. When using the HEALTH PLANNER platform without a service provider, the user trains on his own personal responsibility and at his own risk. The exercises are neither a medical or therapeutic advice nor a substitute for such advice. If instructions (e.g. for certain exercises) are made available in the HEALTH PLANNER platform, these must be observed. However, it should also be noted that an exercise may be unsuitable for the user even if the instructions are followed; for example due to his physical constitution. It is therefore up to each user to seek advice from a service provider as to whether and which exercises may be suitable for the user. Regardless of the termination of the contract, HEALTH PLANNER reserves the right to block or (permanently) delete data and / or information that has been set up in whole or in part (temporarily) at its own discretion. HEALTH PLANNER is particularly entitled to remove data and / or information from the user or service provider if there is a violation of these terms of use, third party rights or statutory provisions are violated or if these are or are likely to damage the reputation of HEALTH PLANNER. The user is not entitled to any claims against HEALTH PLANNER due to such a blocking or deletion.
PERIOD OF USE, TERMINATION OF THE CONTRACT The user has the option to terminate the contractual relationship at any time without giving reasons. The termination can be made via the HEALTH PLANNER website, by email or letter. HEALTH PLANNER is entitled to properly terminate the contractual relationship with the user with a notice period of two weeks. The right to extraordinary termination for an important reason remains unaffected if the continuation of the contractual relationship until the expiry of the statutory notice period is unreasonable for HEALTH PLANNER, taking into account all circumstances of the individual case and weighing the interests of HEALTH PLANNER and the user. In particular, there is an important reason if the user has provided incorrect contact details, in particular an incorrect or invalid email address or transfers his user account to third parties.
Irrespective of an extraordinary termination, HEALTH PLANNER can issue a warning if there is an important reason or temporarily or permanently block access to the services of the HEALTH PLANNER platform. Such an important reason exists in particular if there are concrete indications that a user is violating legal regulations, third party rights or the provisions of these GTC or if HEALTH PLANNER has another legitimate interest, in particular to protect other users from fraudulent activities. When choosing a measure, HEALTH PLANNER takes into account the legitimate interests of the user, in particular whether there are indications that the user was not responsible for the violation. After the user’s user account has been permanently blocked or deleted, there is no entitlement to the restoration of the blocked user account or the user data. As soon as the user account of a user has been blocked or deleted, this user may no longer use the services of the HEALTH PLANNER platform with other user accounts and may not register again.
LIABILITY The liability for intent and gross negligence is unlimited. In the case of slight negligence, claims for whatever legal reason only exist if an essential contractual obligation has been violated. An essential contractual obligation is one that the user can rely on and whose fulfillment enables the contract to be properly carried out in the first place. In this case, the claims for compensation are limited to the typical foreseeable damage. The limitation of liability also applies to legal representatives, vicarious agents and vicarious agents of HEALTH PLANNER. This does not affect the user’s claims for personal injury and property damage under the Product Liability Act. In addition, the aforementioned exclusions of liability and limitations do not apply in the event of express guarantees by HEALTH PLANNERS and claims due to missing guaranteed properties.
RIGHTS OF USE OF HEALTH PLANNERS AND OTHER USERS HEALTH PLANNERS may collect, store and process the information entered by the user or service provider that concerns the user and usage-related information and, in particular, make it available to the service provider (s) of the respective user, insofar as this is necessary for the execution of the contract, or is covered by the consent of the user or is permitted on the basis of another data protection permit standard. Further details can be found in the data protection information on HEALTH PLANNER. Insofar as HEALTH PLANNER enables users to share or publish content, data or information with other users, the user agrees that the content, data or information entered by him / her will remain stored and accessible to other users and service providers for as long and as long as possible this is necessary for the intended functions of the HEALTH PLANNER platform. Individual content, data or information can therefore also be saved and accessible to other users even after the user account has been blocked, deleted or terminated. At the request of the user, HEALTH PLANNER will delete the content, data or information insofar as there are predominant legitimate interests worthy of protection due to the user’s particular situation. All contents of the HEALTH PLANNER platform, in particular the contents, exercise descriptions and demonstration videos posted by the service providers, may be subject to copyright protection. Users are permitted to use this content for their own purposes, insofar as this is necessary for the use of HEALTH PLANNER. Passing on the content to third parties is prohibited. BY THE OPERATOR BY THE USER should another user or another third party assert claims against HEALTH PLANNER due to an infringement of his rights through the data or information posted, selected or published by the user on the HEALTH PLANNER platform, the user also makes HEALTH PLANNER of all claims Compensation claims, free. Furthermore, the user releases HEALTH PLANNER from all claims, including claims for damages, that other users or other third parties assert against HEALTH PLANNERS because of the violation of their rights, provided that the violation results from the use of the HEALTH PLANNER platform by the user. The user assumes all HEALTH PLANNERS due to a violation of third party rights arising reasonable costs, including the reasonable costs arising for legal defense. All further rights and claims for damages of HEALTH PLANNER remain unaffected. If the user is not responsible for the infringement in question, the above obligations of the user do not apply. If the user violates the rights of third parties through the use of the HEALTH PLANNER services, he will immediately cease the use in violation of the contract or the law upon request by HEALTH PLANNER.
CHANGES TO THE GENERAL TERMS AND CONDITIONS HEALTH PLANNER reserves the right to change these GTC at any time without giving reasons, unless this is unreasonable for the user. A timely notification of the user about changes to the terms and conditions is carried out by HEALTH PLANNER. If the user does not object to the validity of the new terms and conditions within six weeks after this notification, the changed terms and conditions are deemed to have been accepted by the user. The objection must be in text form. By notifying the user, HEALTH PLANNER will inform them of their right to object and the importance of the objection period. In the event of a timely objection by the user to the changed terms and conditions, HEALTH PLANNER is entitled, while safeguarding the legitimate interests of the user, to terminate the contract with the user at the time the change comes into effect. Unless otherwise stipulated or otherwise agreed, the user can send all statements to HEALTH PLANNER by e-mail, using the contact form accessible from the HEALTH PLANNER website or by letter to HEALTH PLANNER. HEALTH PLANNER can send declarations to the user via the HEALTH PLANNER platform, by e-mail or by fax or letter to the addresses that the user has given as current contact details in his user account.